Family Law Hub

Appeals

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  • The judge had ordered a change of residence for the son, but there had been direct communication between the judge and the National Youth Advocacy Service without the parents' knowledge, including a telephone conversation during a break in the hearing. Newton J understood how the judge reached the conclusions which she did, but the hearing was fundamentally flawed and the appeal was allowed. Judgment, 26/06/2019, free
  • The wife had applied for an occupation order for a property. The husband had claimed that the marriage certificate was a forgery. The judge found that there was a marriage and the husband was a serial liar. The husband now sought permission to appeal the findings and the consequent orders, and an extension of time to do so. Williams J allowed the appeal, on the basis that the hearing was procedurally irregular and the outcome consequently unjust. The matter was remitted to the Family Court. Judgment, 25/06/2019, free
  • The father sought permission to appeal against a decision with findings of fact that he had demonstrated controlling and coercive behaviour, undermining and assaulting the mother. Williams J was satisfied that HHJ Plunkett was justified in reaching the conclusions that he did. The father's acquittal for assault in the Crown Court was not inconsistent with the finding on the balance of probabilities that he had pushed the mother to the ground. The father was not focusing on his son's best interests. There was no merit in any of the grounds of appeal, and permission to appeal was refused. Judgment, 22/06/2019, free
  • The father had difficulties with anger management, volatility and aggression. The circuit judge had made a child arrangements order, including orders for supervised contact, non-molestation and prohibited steps, against which the father had, following a course of therapy, unsuccessfully appealed. He now appealed with regard to the fairness of those hearings. Baker LJ found that there had been no indication to the father, a litigant in person, that the court would be making orders in respect of his future contact or concluding the proceedings. The summary dismissal of his appeal had also been wrong. The two hearings together represented an unwarranted infringement of his rights to a fair hearing. Peter Jackson LJ agreed, and the matter was remitted for a further hearing. Judgment, 28/05/2019, free
  • After some delay, the mother sought permission to appeal against an order for the child to live with his father. Williams J reviewed the expert evidence and stated that almost every judge would have reached the same conclusion on the evidence available. The appeal was dismissed. Judgment, 01/05/2019, free

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  • Richard Bates from 29 Bedford Row explains the appeal process. Webcast, 26/09/2014, members only

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